MEETING DATE:   August 27, 2007


FROM:                       Laura McElhanon, AICP, Community Development Director


SUBJECT:                  Ordinance for Rezoning for Leesburg 7 Acres, LLC



Staff Recommendation: 

The Planning staff and Planning Commission recommend approval of the proposed rezoning for the subject property from City R-2 (Medium Density Residential) to PUD (Planned Unit Development).



The project site is approximately 6.71 acres.  The property is generally located east of Picciola Road, north of Citrus Boulevard and south of Park Holland Road, as shown on the attached General Location Map. The present zoning for this property is City R-2 (Medium Density Residential). Currently, the property is undeveloped and the proposed use is for residential condominium or rental property. The surrounding zoning designations are to the north R-3 (High Density Residential), to the west City C-3 (Highway Commercial), and to the south and east County R-1 (Rural Residential).


The proposed zoning district of City PUD (Planned Unit Development) is compatible with adjacent and nearby properties in the area and with the existing City future land use designation of City High Density Residential.


The existing land uses surrounding the property are undeveloped, single family residential, retail commercial and electric substation uses.


Development of the parcel will require connection to the City utilities at the owner’s expense.


By a vote of 7 to 0, the Planning Commission recommended approval.



1.         Approve the proposed rezoning to City PUD (Planned Unit Development), thereby allowing consistent zoning and development standards for the area.

2.         Other such action as the Commission may deem appropriate.


Fiscal Impact:

There is no fiscal impact to the City.


Submission Date and Time:    9/5/07 5:44 PM8/22/07 3:05 PM____




Department: Community  Development

Prepared by: Bill Wiley, AICP

Attachments:  Yes__X__   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     




Revised 6/10/04


Reviewed by: Dept. Head ________


Finance  Dept. __________________                                     


Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________


Account No. _________________


Project No. ___________________


WF No. ______________________


Budget  ______________________


Available _____________________















































Section 1


Based upon the petition of Leesburg 7 Acres LLC, the owner of the property hereinafter described, which petition has heretofore been approved by the City Commission of the City of Leesburg Florida, pursuant to the provisions of the Laws of Florida, the said property located in Lake County, Florida, is hereby rezoned from City R-2 (Medium Density Residential) to PUD (Planned Unit Development) subject to conditions contained in Exhibit A, to-wit:


Legal Description

(See Exhibit B)


Alternate Key Numbers: 3764773 and 3764889


Section 2.   


This ordinance shall become effective upon its passage and adoption, according to law.


PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                            day of                                          , 2007.






By: _________________________________






City Clerk




CASE #:046-1-071907                                                                                                EXHIBIT A





JULY 17, 2007


This Planned Development Conditions for a PUD (Planned Unit Development) District is granted by the City of Leesburg Planning Commission, Lake County, Florida to Leesburg 7 Acres, LLC (Oaks Landing) "Permittee" for the purposes and subject to the terms and conditions as set forth herein pursuant to authority contained in Chapter 25 Zoning, Sec­tion 25-278 Planned Developments of the City of Leesburg Code of Ordinances, as amended.


BACKGROUND:  The "Permittee" is desirous of obtaining a PUD (Planned Unit Development) zoning district to allow construction of a proposed residential subdivision consisting of a maximum of approximately 120 multifamily residential units on approximate 6.7 acres located east of Picciola Road, north of Citrus Boulevard and south of Park Holland Road, on a site with­in the City of Leesburg in accordance with their PUD application and supplemental information.


1.       PERMISSION is hereby granted to Leesburg 7 Acres, LLC (Oaks Landing) to construct, operate, and maintain a Planned Development in and on real property in the City of Leesburg.  The property is more particularly described as follows:



          See attached legal Exhibit B.[FAM1] 


2.        LAND USE

The above-described property shall be used for multifamily residential development, pursuant to City of Leesburg development codes and standards and the Conceptual Development Plan dated May 16, 2007 as follows:

A.      Residential Development

 1.       The project shall contain a maximum of 120 residential units on approximately 6.7 acres at a gross density not to exceed 18 units per acre.

        2.       The minimum lot sizes shall be as shown on the conceptual Plan.

        3.       Minimum lot widths and depths shall be as shown on the Conceptual Development Plan.

        4.       The minimum yard setbacks shall be as shown on the Conceptual Development Plan.

5.        Minimum distance between structures shall be 10 feet; measured from building wall to building wall and the roof overhang shall not exceed two feet.

        6.       Accessory structures shall have a minimum rear and side setback of 5 feet and single accessory structures that are not attached to the principal structure shall not occupy more than 30 percent of the required rear yard.

        7.       An attached screened enclosure must maintain a minimum setback of fifteen (15) feet from the rear property line.

        8.       Impervious surface coverage shall not exceed 65 percent for residential uses. Other types of development may exceed this percentage; however, the overall project shall maintain open space of 30 percent.[FAM2] 

         9.       Maximum building height shall not exceed three (3) stories or 35 feet.

        10.      Permitted Uses:

                  a.       Multifamily dwellings attached;          

                  b.       Accessory structures;

                  c.       Temporary [FAM3] modular sales center and construction office until completion             project.

  d.       All residential units shall be developed through a site plan or condominium   instruments.

        11.     Based on the mix of housing types, this project complies with the diversity of housing required by the City’s adopted Growth Management Plan, Future Land Use Element, Goal I, and Objective 1.2.[FAM4] 


B.      Recreational Development

         1.      Recreational development provided on the site shall include active and passive uses, as well as enclosed or un-enclosed recreational space, devoted to the common use of the residents. Such recreation space shall consist of not less than 24,000 square feet (two hundred (200) square feet of space per dwelling unit). In computing usable recreation space, the following items may be considered at one and twenty-five hundredths (1.25) times the actual area.

                  a.      Recreational activities such as play grounds, basket ball, tennis and hand ball                             courts, etc.

                  b.      Developed recreational trails which provide access to the public trail system.

                  c.      Swimming pool, including the deck area which normally surrounds such                         pools.

d.      Indoor recreation rooms provided such rooms are permanently maintained for the use of residents for recreation.

2.      Required stormwater areas and buffer areas shall not be considered as recreational space except for any areas developed as recreational trails which provide access to the public trail system.

         3.      Within the community sidewalks or trails or a combination thereof shall be provided throughout the community to provide pedestrian access from all residences to all amenities.

         4.      Recreational vehicle parking shall be restricted through deed restrictions/covenants etc. which shall prohibit unenclosed parking within the development unless an approved designated area is provided. If provided, the area shall be buffered and final location will be determined by staff as part of the site plan approval process.


C.      The commercial use of a sales office and/or model center shall be a permitted use as long as it is specifically related to the PUD residential development of the site.


            D.    Open Space and Buffer Areas

                    1.       All wetlands on the project site shall be identified and the location and extent of each wetland shall be determined by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.  Each wetland shall be placed on a suitable map, signed and sealed by a surveyor registered to practice in Florida and shall be submitted as part of the preliminary plan application.

2.       Buildings or structures shall be a minimum of 50 feet from any wetland jurisdiction boundary.

                    3.       Wetlands shall have a minimum upland buffer as established by St. Johns River Water Management District and/or U.S. Army Corp of Engineers; whichever is more restrictive. All upland buffers shall be naturally vegetated and upland buffers that are devoid of natural vegetation shall be re-planted with native vegetation or as required by St. Johns River Water Management District and/or U.S. Army Corp of Engineers.

                    4.       Land uses allowed within the upland buffers are limited to hiking trails, walkways, passive recreation activities and stormwater facilities as permitted by St. Johns River Water Management District.

        5.       If wetland alteration is permitted by St. Johns River Water Management District and/or U.S. Army Corp of Engineers, wetland mitigation shall be required in accordance with permit approvals from St. Johns River Water Management District or U.S. Army Corp of Engineers, whichever is more restrictive.

        6.       A wildlife/historical/archaeological management plan for the project site shall be prepared based on the results of an environmental assessment of the site and any environmental permit required from applicable governmental agencies. The management plan shall be submitted to the City as part of the preliminary plan application. The Permittee shall designate a responsible legal entity that shall implement and maintain the management plan. 

                    7.        To the extent practical, wetlands shall be placed in a conservation easement, which shall run in favor of, and be enforceable by, St. Johns River Water Management District or another legal entity such as a homeowners association.  The conservation easement shall require that the wetlands be maintained in their natural and unaltered state.  Wetlands shall not be included as a part of any platted lot, other than a lot platted as a common area, which shall be dedicated to St. Johns River Water Management District or another legal entity such as a homeowners association for ownership and maintenance.

        8.       Landscape buffer areas shall be required along the property lines as follows:

                  a.   The development property boundary lines shall have a twenty (20) foot landscape buffer with a six (6) foot decorative solid fence or wall with landscaping. The exact design and location of the wall shall be determined during the site plan review process

        9.       Landscaping of the required buffer areas shall be as follows:

                               For each one hundred (100) linear feet, or fraction thereof, of boundary, the following plants shall be provided in accordance with the planting standards and requirements of the Land Development Code.

                              a.   Two (2) canopy trees

b.   Two (2) ornamental trees

                  c.    Thirty (30) shrubs

d.     The remainder of the buffer area shall be landscaped with grass, groundcover, and/or other landscape treatment.

            e. Existing vegetation in the required buffer shall be protected during     construction.  

           E.      Development Phasing

        1.       The proposed project may be constructed in phases in accordance with the Planned Unit Development Conceptual Plan. Changes to the Development Plan, other than those conditions described in this agreement, shall be revised in accordance with the Planned Unit Development review process.

        2.       Implementation of the project shall substantially commence within 24 months of approval of this Planned Development.  In the event, the conditions of the PUD have not been implemented during the required time period, the PUD shall be scheduled with due notice for reconsideration by the Planning Commission at their next available regular meeting. The Planning Commission will consider whether to extend the PUD approval or rezone the property to R-2 (Medium Density Residential) or another appropriate zoning classification less intense than the development permitted by these PUD Conditions. 



Prior to receiving final development approval, the Permittee shall submit a stormwater management plan and utility plan acceptable to the City of Leesburg.  Water, wastewater and natural gas services will be provided by the City of Leesburg.  Prior to any clearing, grubbing, or disturbance of natural vegetation in any phase of the development, the Permittee shall provide:

           A.      A detailed site plan that demonstrates no direct discharge of stormwater runoff generated by the development into any wetlands or onto adjacent properties.

           B.      A stormwater management system designed and implemented to meet all applicable St. Johns River Water Management District and City of Leesburg requirements.

           C.      A responsible legal entity for the maintenance of the stormwater management system on the plat prior to the approval of the final plat of record. A homeowners association is an acceptable maintenance entity.

           D.      The 100-year flood plain shown on all plans and lots.

           E.      The appropriate documentation that any flood hazard boundary has been amended in accordance with Federal Emergency Management Agency requirements, if the 100 year flood plain is altered and /or a new 100 year flood elevation is established in reference to the applicable flood insurance rate map.

           F.      A copy of the Management and Storage of Surface Waters permit obtained from St. Johns River Water Management District.

           G.      A detailed site plan that indicates all the provisions for electric, water, sewer, and/or natural gas in accordance with the City of Leesburg Land Development Codes.

           H.      Developer shall bear all responsibility, financial and otherwise, for the construction and installation of utility infrastructure and other improvements related to the use and development of the property including such off site improvements required by the City, all of which shall be constructed to the applicable specifications imposed by the ordinances and regulations of the City in effect at the time of construction.

           I.       Developer shall be responsible for the installation of a natural gas water heater and natural gas furnace in eighty percent (80%) of all homes in the development.



           A.      Vehicular access to the project site shall be provided by a minimum of two access point’s one primary from Picciola Road on the west and one secondary from Michigan Ave. on the south. The primary access shall be through a divided boulevard type road for the entrance. Actual location and design of the accesses shall be determined during the site plan review process and shall include consideration of sidewalks, recreation paths etc. Other potential vehicular and pedestrian accesses will be reviewed during the development review process.

           B.      The Permittee shall provide all necessary improvements/paving/right-of-way/signalization within and adjacent to the development including not limited to Michigan Ave. to Picciola Road as required by Lake County, FDOT and City of Leesburg.

           C.      All roads within the development shall be designed and constructed by the developer to meet the City of Leesburg requirements excluding the north/south bypass road.

           D.      Sidewalks shall provide cross connections to all recreation and residential areas.  Internal road rights-of-ways shall be of sufficient width to contain the sidewalk. All sidewalks shall be constructed in accordance with City of Leesburg Codes.

           E.      The Permittee shall be responsible for obtaining all necessary Lake County permits and a copy of all permits shall be provided to the City of Leesburg prior to construction plan approval.

           F.      The City of Leesburg will not be responsible for the maintenance or repair of any of the roads or transportation improvements unless specifically accepted by formal action of the City Commission. The Permittee shall establish an appropriate legal entity that will be responsible to pay the cost and perform the services to maintain the roads and transportation improvements.

           G.      A traffic/transportation study, if applicable, shall be submitted prior to site plan approval for review and determination of any necessary access improvements. Said improvements will be the responsibility of the Permittee.

           H.      At the time of site plan approval, the Permittee shall become responsible for their pro-rata share of the cost of the signal(s) as determined by the County, City staff and the traffic study submitted therewith.



           A.      Residential Development

              1.      Building Design

           a.   All buildings shall utilize at least three of the following design features to provide visual relief along all elevations of the building:

1)       Dormers

2)      Gables

3)      Recessed entries

4)      Covered porch entries

5)      Cupolas

6)      Pillars or posts

7)      Bay window (minimum 12 inch projections)

8)      Eaves (minimum 6-inch projections)

9)      Repetitive windows with minimum 4-inch trim.

B.       Exterior building materials contribute significantly to the visual impact of a building on          the community. They shall be well designed and integrated into a comprehensive design       style for the project. The total exterior wall area of each building elevation shall be composed of one of the following:

         1.        At least thirty-five percent (35%) full-width brick or stone (not including window and door areas and related trim areas), with the balance being any type of lap siding and/or stucco.

2.        At least thirty percent (30%) full-width brick or stone, with the balance being stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product is defined as a manufactured strip siding composed of cement-based materials rather than wood fiber-based or plastic-based materials. For example, Masonite or vinyl lap siding would not be allowed under this option.).

                    3.        All textured stucco, provided there are unique design features such as recessed garages, tile or metal roofs, arched windows etc. in the elevations of the buildings or the buildings are all brick stucco. Unique design features shall be reviewed by the Planning and Zoning Manager for compliance.


           C.      Other similar design variations meeting the intent of this section may be approved by the                               Planning and Zoning Manager.



           A.      The uses of the proposed project shall only be those uses identified in the approved Planned Develop­ment Conditions. Any other proposed use must be specifically authorized by the Planning Commission in accordance with the Planned Develop­ment amendment process.

           B.      No person, firm or corporation shall erect, construct, enlarge, alter, repair, remove, improve, move, convert, or demolish any building structure, or alter the land in any manner without first submitting the necessary plans and obtaining appropriate approvals in accordance with the City of Leesburg Codes

       C.      Construction and operation of the proposed use(s) shall at all times comply with City and other governmental agencies rules and regulations.

       D.      The transfer of ownership or lease of any or all of the property described in this PUD Agreement shall include in the transfer or lease agreement, a provision that the purchaser or lessee is made good and aware of the conditions pertaining to the Planned Development established and agrees to be bound by these conditions.  The purchaser or lessee may request a change from the existing plans and conditions by following the procedures as described in the City of Leesburg Land Development Code, as amended. 

E.     These PUD Conditions shall inure to the benefit of, and shall constitute a covenant running with the land and the terms, conditions, and provisions hereof, and shall be binding upon the present owner and any successor, and shall be subject to each and every condition herein set out.

F.      Any violation of City, State or Federal laws or permit requirements concerning the development of this project will constitute a violation of this permit and will result in all activities on the project site being halted until the violation is satisfactorily resolved and may result in a hearing before the Planning Commission to determine whether a change in the conditions of this PUD are necessary.



          The proposed land use change or approval would result in demands on public facilities which           would exceed the current capacity of some public facilities, such as, but not limited to roads,     sewage, water supply, drainage, solid waste, parks and recreation, schools and emergency     medical facilities. However, no final development order (building permits) shall be granted for a       proposed development until there is a finding that all public facilities and services required for      the development have     sufficient capacity at or above the adopted level of service (LOS) to          accommodate the impacts of the development, or that improvements necessary to bring           facilities up to their adopted LOS will be in place concurrent with the impacts of the       development.


          A.      Utilities

                    1.        Projected Capacities

a.   The City’s utility planning efforts draw upon phasing, capacity and service requirements, based upon information provided by the applicant.  The City develops its plans consistent with sound engineering principles, prudent fiscal practices and due regard for regulatory compliance.

b.   The development will require construction of new distribution mains, since existing facilities in the service area are not adequate.  Should the developer wish to accelerate the construction of such facilities to provide service, the developer will bear the cost of design, permitting and construction.  Any such facilities must be constructed in a fashion consistent with the City’s master plans and to the City standards and specifications.


c.   The City is in the process of Consumptive Use Permit renewal.  The application provides for anticipated demands due to this and other potential development    


          B.      Commitment of Capacity


  There are no previous commitments of any existing or planned excess capacity.


C.      Ability to Provide Services

 1.        The City intends to provide water, wastewater and reclaimed water services within its service area for the foreseeable future.

 2.        The City updates its Ten-Year Capital Improvement Plan (CIP) as part of our annual budgetary process.  Included within the CIP are water, wastewater, and reclaimed water improvements necessary to provide service to proposed development.

3.        The City has completed an impact fee study, based in part on the CIP in order to assure adequate and appropriate funding for required improvements. The combination of master planning and CIP planning has allowed the City to issue bonds to fund new potable water facilities and substantial reuse facilities, among other infrastructure improvements.














Exhibit B

Legal Description


Oaks Landing Property


Parcel No. 1:                                                                


Lots 20 and 21 in Block  “A” in “North Leesburg Subdivision No. 1 In Lake County, Florida, According To Corrected Plat Thereof Recorded In Plat Book 8, Page 98, Public Records Of Lake County, Florida.


Parcel No.2:     


All Block 1, 2, and 4 and Lots 7 to 19 Inclusive, In Block 3, In “Picciola Park, A Subdivision In Lake County, Florida According To The Plat Thereof As Recorded In Plat Book 9, Page 8, Public Records Of Lake County, Florida.


Also Described As Follows:


A Parcel Of Land Lying In Section 15, Township 19 South, Range 24 East, Lake County, Florida, Being More Particularly Described As Follows:


Commencement At The Northeast Corner Of Lot 6, Block 3, Plat of Picciola Park, As Recorded In Plat Book 9, Page 8, Public Records Of Lake County, Florida: Thence West Along The South Right Of Way Line Of Park Drive As Recorded In Said Plat Picciola Park; Thence North Along The Easterly Right Of Way Line Of Picciola Road, A Distance of 150.25 Feet; Thence Departing The Easterly Right Of Way Line Of Picciola Road, East A Distance of 1182.50 Feet Along The North Line Of Plat Of Picciola Park, As Recorded in Plat Book 9, Page 8, Public Records of Lake County, Florida; Thence South Along The East Line Plat Of Picciola Park, A Distance Of 260.50 Feet; Thence West Along The South Line Of Said Plat Of Picciola Park, A Distance of 827.50 Feet To A Point Of Intersection; Thence South Along The Easterly Line of Lot 21, Corrected Plat of North Leesburg Subdivision No. 1, As recorded in Plat Book 8, Page 98, Public Records of Lake County, Florida, A Distance of 150.00 Feet; Thence Run West Along The South Line Of Lots 21 and 20, Corrected Plat Of North Leesburg Subdivision No.1, A Distance of 50.00 Feet To The Southwest Corner of Lot 20; Thence North, A Distance Of 150.00 Feet To A Point Of Intersection; Thence West Along The South Line Of Said Plat Of Picciola Park, A Distance of 135.00 Feet To A Point Of Intersection Being The Southeast Corner Of Lot 6 Of Said Plat Of Picciola Park; Thence North Along The East Line Of Lot 6, A Distance of 110.25 Feet To The Point of Beginning.


Less Road Right Of Ways As Depicted On The Plat Of Picciola Park, As Recorded In Plat Book 9, Page 8, Public Records of Lake County, Florida. Said Parcel Containing 5.68 Acres Plus Or Minus.  


Alternate Key(s):  3764773 and 3764889


Total Acres:  6.71 +/ acres 






Exhibit C

Conceptual Development Plan




Exhibit C

Conceptual Elevation



 [FAM1]This reference is redundant since the document itself is      Exhibit “A”

 [FAM2]The interpretation of this is not clear.

 [FAM3]Do you want to define or limit the “temporary” nature of this use?

 [FAM4]It is inconsistent to count garage apartments toward affordable housing goals if they are not considered housing units for density purposes, also in reality how many garage apartments in a development like this will really be made available for housing use?